All 10 Debates between Robert Courts and Kevin Foster

Tue 27th Nov 2018
Fri 6th Jul 2018
Prisons (Interference with Wireless Telegraphy) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Fri 11th May 2018
Parental Bereavement (Leave and Pay) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Fri 27th Apr 2018
Assaults on Emergency Workers (Offences) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 3rd Jul 2017

Oral Answers to Questions

Debate between Robert Courts and Kevin Foster
Monday 23rd March 2020

(4 years, 8 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster
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A very small number has been rejected—just 300 out of over 3 million applications—and the core reason for rejection, for saying no to someone, is criminality. Where there are eligibility issues, people can make a free re-application but the evidence levels are quite basic. People must prove their identity; they must prove that they have residence in the UK, particularly for pre-settled status; and they are subject to the eligibility and suitability checks around criminality. Actually, the system is working very well, and again, I extend an invitation to the right hon. Lady to come to meet the team and see at first hand the work that they are doing and why this has been such a success. It is the biggest documentation of immigration status in history and it is going well.

Robert Courts Portrait Robert Courts (Witney) (Con)
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6. What steps her Department is taking to dismantle the operations of county lines drugs gangs.

Proportional Representation: House of Commons

Debate between Robert Courts and Kevin Foster
Tuesday 23rd April 2019

(5 years, 7 months ago)

Westminster Hall
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Kevin Foster Portrait Kevin Foster
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Everyone has a choice as to how they use their vote. Even under the alternative vote system, which the Liberal Democrats argued for in the referendum seven years ago, people would find themselves having to make a decision when they got to their second or third choice, and in fact, their vital choice might be the fourth or fifth one, which they did not believe would necessarily be the vital one.

People have a choice and they know the impact of their vote and how it might choose a Government. Under any voting system, people have a choice to make about how they wish to use their vote: do they wish to vote for a major party that may select and put forward the Prime Minister or for a minor party so that it can be represented in the House of Commons? I do not think that any voting system, particularly if we want to maintain the constituency link, which many hon. Members have said is important, or if we have single-Member constituencies and a Member of Parliament already secures more than 50% of the votes cast, will change the overall outcome.

The first-past-the-post system is a clear and robust way of electing Members of Parliament. It is well understood by the electorate, and they know how their representatives in Parliament are selected and the impact of their vote. Crucially, it ensures a clear link between elected representative and constituent in a manner that proportional representation systems do not. That ensures that MPs can represent the interests of their constituents when debating national issues. The Government therefore do not support proportional representation for parliamentary elections because they consider it to be more opaque and complicated without delivering the clear benefits of the first-past-the-post system.

Robert Courts Portrait Robert Courts (Witney) (Con)
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I welcome the Minister to his place. One point that I do not think has been made is that first past the post gives a clear link between the elector and not only the individual, but the manifesto, so people can see whether that is delivered.

Kevin Foster Portrait Kevin Foster
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I agree that first past the post creates a clear link that sometimes proportional representation systems do not.

As we committed in our manifesto to retaining first past the post for parliamentary elections, we have no plans to change the voting system for elections to the House of Commons. As we have touched on, under first past the post, individual Members of Parliament represent electors in a defined constituency. The link between hon. Members and their constituents is a core feature of our parliamentary democracy.

Constituents have a distinct parliamentary representative who is directly accountable to them and can be clearly seen to represent them. The representation is less obvious when someone is elected under a proportional representation system where larger multi-Member constituencies are used. In such circumstances, smaller communities are likely to be subsumed into a larger area and there is a risk that their particular interests and concerns will not be fully taken into account.

[Stewart Hosie in the Chair]

Furthermore, proportional representation systems can still result in outcomes that many deem undesirable. A party that does not win the poll, and that potentially even loses seats, can still end up forming the Government, so voters have a Government that they did not vote for. Under proportional voting systems, voters may not really know what policies they end up voting for, as the successful parties will be those best able to negotiate a deal in a coalition after an election, rather than necessarily those that secure the most support from the electorate.

Crucially, given the party of the hon. Member who secured the debate, party list systems give parties and their leaders the most control over the make-up of lists of candidates, and ultimately, who will end up in this place. As my hon. Friend the Member for Daventry (Chris Heaton-Harris) said, that can result in elected representatives who are more focused on the selectorate than the electorate, compared with single-Member constituencies under first past the post.

First past the post provides for a clear and straightforward count that usually needs to be conducted only once, or repeated only if it is tight, and that produces a clear outcome on the evening. Electoral systems used to achieve a proportionally representative outcome are often more complex than the first past the post system, which makes the impact of one person’s vote less clear. Systems such as the single transferable vote require ballots to be counted multiple times to allocate seats, which potentially obscures the impact of each vote on the result.

The ability of the first-past-the-post system to produce an uncomplicated and accurate count means that a result is produced more quickly, normally during the night following the poll, with an overall result early the next day. A timely, clear and secure result is in the interest of all parties and the country as a whole. Given the significant advantages of a first-past-the-post system, there would need to be compelling policy reasons for the Government to embrace a system that is less clear for voters and more complicated, and that could see someone’s third, fourth or even fifth choice for their constituency being the crucial choice they make, as I have touched on.

The current closed-list voting system for European Parliament elections was first used in 1999 and the turnout at that poll was 24%. That was significantly lower than the turnout of 36.4% at the previous European Parliament election held under the first-past-the-post system. Although turnouts have increased in more recent European Parliament elections, that is because they have been combined with first-past-the-post local elections taking place on the same day. It is clear that just shifting to a new voting system does not necessarily boost turnout, despite the arguments in 1999 from people who stated that the system would do that.

Privilege (Withdrawal Agreement: Legal Advice)

Debate between Robert Courts and Kevin Foster
Tuesday 4th December 2018

(6 years ago)

Commons Chamber
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Robert Courts Portrait Robert Courts (Witney) (Con)
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It is an honour to speak in this important debate and to follow my hon. Friend the Member for South West Wiltshire (Dr Murrison), who made some excellent points, all of which I agree with.

It is worth restating the fundamental issue that we are dealing with, which is the clash between Parliament, as a sovereign institution and the highest court in the land, and the right of the Government—any Government—to have access to independent, unvarnished, honest legal advice. I suggest that this is a moment when all Members, on both sides of the House, ought to engage in a period of cool, calm reflection. I would further suggest that the Government’s amendment is the correct way to do that.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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Does my hon. Friend agree that traditionally the Law Officers’ advice can only be released with their consent? The information has now been revealed via a statement—that is self-evident—but there is that convention to bear in mind.

Robert Courts Portrait Robert Courts
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I am grateful to my hon. Friend, who, as always, makes an excellent contribution. It is normally the case that the client has the ability to waive legal advice if they wish, but, in the case of Government Law Officers, there clearly is another layer to that, and their position is of enormous importance.

The Government’s amendment is the correct, cool, calm way to look at this matter. We are in uncharted territory. The very fact that we are all discussing constitutional and historical precedents today means that we all ought to avail ourselves of more time in which to study those in detail so that the Privileges Committee can consider the real constitutional and historical ramifications of any decision we take.

To be honest, there are a number of questions to which I do not know the answer. Does a Humble Address trump privilege? It would be helpful if somebody were to look into that and consider it. I do not think there is a straightforward answer because I do not think it has ever been tested—I may be wrong. My point is that a period of cool, calm reflection on such points would be of benefit to everybody in the House. Further, where does the line fall in terms of disclosure? Is there a question of redacting elements of advice? If so, where does the line fall?

Many Members will be clear that the line falls when we are talking about national security—that is relatively straightforward perhaps—but what about the national interest? It is not so easy to define, but it is something that we ought to consider carefully before rushing into what are extremely serious matters, not just of party politics—although of course there is a big element of that in this—but of constitutional and legal theory and practice that could have profound consequences for any Government. The Opposition ought to be aware that at some stage—I hope not for a long time—they might be sitting on these Government Benches and should consider the position they would wish to take.

Ukraine-Russia Relations

Debate between Robert Courts and Kevin Foster
Tuesday 27th November 2018

(6 years ago)

Commons Chamber
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Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Oral Answers to Questions

Debate between Robert Courts and Kevin Foster
Wednesday 24th October 2018

(6 years, 1 month ago)

Commons Chamber
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Prisons (Interference with Wireless Telegraphy) Bill

Debate between Robert Courts and Kevin Foster
3rd reading: House of Commons & Report stage: House of Commons
Friday 6th July 2018

(6 years, 5 months ago)

Commons Chamber
Read Full debate Prisons (Interference with Wireless Telegraphy) Act 2018 View all Prisons (Interference with Wireless Telegraphy) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Robert Courts Portrait Robert Courts (Witney) (Con)
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It is a great honour to speak on this timely Bill, as we bring the law up to speed with emerging technologies, which present so much of a challenge to prison governors and warders as they go about their business.

It is also a great pleasure to follow my hon. Friend the Member for Torbay (Kevin Foster), and I am delighted he was able to make his speech without being harassed by a mobile phone, as he was on Second Reading—the timing of that interruption was extraordinary and is perhaps never to be beaten in the annals of Hansard. I also pay tribute to my hon. Friend the Member for Lewes (Maria Caulfield) for her calm, cool, thoughtful and detailed stewardship of the Bill.

I welcome the Bill, and I am delighted it is one that the Government support. As I have mentioned, this is a necessary Bill. I practised at the Bar before coming to serve in this place. As anyone who has worked at the criminal Bar will realise, mobile phone use in prison is now a serious problem. It is beyond a curious fact and it is beyond a joke. There is no suggestion that mobile phones are not available in prisons, because they are. Frankly, they are a form of currency and they are in daily use.

People in prison can do an extraordinary amount of things with a mobile phone. A number of Members have mentioned those things and, in some ways, we should get away from calling them mobile phones, because the time will come in the not-too-distant future when the extraordinarily capable devices we have in our pockets will replace desktop computers. We will be able simply to plug it in, and everything we do from a computing perspective will be carried around on this very small device.

These devices can be used to make calls, certainly, but that is by no means the only thing they can do. They can do everything from secure, encrypted instant messaging through to word processing and controlling things. So we now live in a world in which people can control the lights in their home on a device that they carry around in their pocket. It does not take a great deal of imagination to realise that if someone is able to do that, they can do other things as well. Phones are now integrated with the systems of some cars. This world presents extraordinary difficulties for prison governors.

As someone who has practised at the criminal Bar for years, I know there is no longer a suggestion that going into prison presents any more than a nuisance to someone seeking to continue carrying out what they see as their business—their criminal activities. As has been said, some Members use their phones in the Chamber—I can reassure their constituents that they are working. They are dealing with emails, reading briefing papers and responding to what constituents have written to them. If they can carry on their business inside the Chamber, it is fanciful to think that if prisoners are given access to devices and the technology to communicate, they will not be able to continue with their criminal activities. They clearly will be able to—

Kevin Foster Portrait Kevin Foster
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Does my hon. Friend agree that we talk about these things as phones, but in reality we are talking about a computer system that can make calls?

Robert Courts Portrait Robert Courts
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I could not agree more. When the iPad was first introduced it was described as being a large iPhone that cannot make calls. We are almost now dealing with the reverse of that: a computer that just happens to make calls. Increasingly, that is a by-product that is not needed, because people might communicate by text message or WhatsApp—people can do absolutely everything. I recall thinking years ago, as basic phones started to include things such as photos and syncing with computers, that it would not be very long before that small device replaced everything else—we are well on the way to that now.

Robert Courts Portrait Robert Courts
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I am grateful to my hon. Friend for raising that point and I entirely share his concern on discipline. I was about to mention photographs and a point that brings the one he made into sharp relief. When we first had phones with cameras on, the photographs were grainy and did not really show anything; they were not helpful as photographs. We now have extraordinary camera abilities with high-definition video. When those things are able to be operated from within a prison, people could photograph or video a prison officer and then harass them by sending that to someone who is outside. The prisoner could show exactly who that prison officer is, in order to humiliate them or blackmail them. That is a very serious problem.

It is also a serious problem that people can record something that is taking place in a prison. Another example of the obvious need for the Bill is that a prisoner can ring a contact on the outside and arrange for the delivery of drugs or other contraband, but this goes far, far beyond that. These extraordinary small devices provide the ability to run an entire business operation and those inside prisons have the ability to carry out an entire criminal operation. That has serious corrosive effects on the ability of prison officers to maintain discipline and to protect the public, as hon. Members have suggested.

Kevin Foster Portrait Kevin Foster
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Does my hon. Friend share my concern that not only do people have this ability to communicate, but that is now combined with what was once military-grade encryption technology? I alluded to that in my speech. Does he share my concern that it is bringing a whole new angle to this area?

Robert Courts Portrait Robert Courts
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Yes, my hon. Friend is absolutely right about that. The ability to load software such as virtual private network software on to a telephone, to use WhatsApp, which is encrypted, and to communicate with people anywhere in the world while being able to disguise one’s own identity and geographical position presents enormous challenges for those who are trying to make sure that prison is a disciplined place that protects the public from the activities of those within it.

It is extraordinary that going to prison is really only a nuisance, and that if people have access to the right technology, they can carry on from inside prison in exactly the same way as they carried on outside, with only minor inconvenience. We should not allow that. We can see from the statistics—13,000 phones were seized in 2016, going up to 23,000 in 2017, as my hon. Friend the Member for Lewes said, with 7,000 SIM cards seized—that this is a real and pressing problem that we have to deal with now.

Why do we need this change to the law? Essentially, the existing law, as I understand it, enables governors to interfere with specific devices, but we are always playing catch-up. We do not know what technological advances are likely to come in future; we simply know that they will come, and we need to be in a position to address them as and when they arise.

Let me address briefly some of the objections to the Bill that are germane to some of the issues we have been discussing. Having practised at the Bar, I am particularly sensitive to some of them. My hon. Friend the Member for Banbury (Victoria Prentis) mentioned the important rehabilitative aspect of communication, but it is important that we see communication between prisoners and their families as distinct from their having mobile phones; the two are not the same thing. Prison must, of course, be a punishment and it must protect the public, but having represented people over the years, I have seen countless examples of people who go into prison, meet people and learn more criminal skills there, and come out and continue their criminal activity.

Parental Bereavement (Leave and Pay) Bill

Debate between Robert Courts and Kevin Foster
Robert Courts Portrait Robert Courts (Witney) (Con)
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It is a great pleasure to speak in the debate. I have been greatly moved by what has been said by Members in all parts of the House. Others may agree that the House is shown at its best when it works on a cross-party basis—when it listens to Members who speak about their individual experiences and who speak with passion and knowledge. I salute all those who have done so today: their speeches have made a great impact on me and, I am sure, on my constituents and the whole country.

We are debating a very important piece of legislation, but perhaps one of its effects will lie outside legislation. As anyone who has experienced bereavement will realise, one of the initial feelings is isolation—the sense that friends or family are not coming to see them or a feeling of distance from their employers. I hope that those who are watching the debate or who read the report later realise how much they are not alone. They are listened to, and many Members on both sides of the House have their interests firmly at heart and are doing everything they can to help.

I warmly welcome the Bill, and I pay tribute—as others have, but it bears repetition—to all those who have argued this case so compassionately and for so long. My hon. Friend the Member for Colchester (Will Quince) has been one of the leading lights, and he introduced a version of the Bill that sadly did not make it past the general election. The Government have picked the issue up and support the Bill—it was in the Conservative party’s manifesto—and I thank them for doing so. My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) has, in the words of my hon. Friend the Member for Colchester, picked up the baton—a nice way to put it. It is important to remember that this is very much a team effort, and several Members supported it in the recent Westminster Hall debate and the baby loss awareness debate some months ago, in which I was deeply honoured to speak. I thank everyone involved enormously, because many people in West Oxfordshire will be feeling grief and loss but be heartened to see that so many people in this House are seeking to help them.

I am also pleased that, while some other countries have similar rights, we will be world leaders in introducing this level of rights and protection. That makes it sound a little too inhuman—it will be a level of reassurance and human compassion that will be world leading. I am proud to be able to make a few brief comments in support of the Bill and on the amendments tabled by hon. Members on both sides of the House to attempt to improve the Bill, which is of course to be highly commended.

Amendments 1, 2, 12 and 14 deal with definitions and whether we should be dealing solely with literal parents. I do not think that we should be prescriptive and that only biological parents should be the beneficiaries of assistance under this legislation. Clearly, as we will all know from our constituents, many people can be involved in caring for a child: the biological parents or foster parents, or others who it is difficult to foresee in legislation but who may be deeply involved in a child’s upbringing and be devastated by its loss. We should be as flexible as we can to ensure that people, however they are connected—whether they have a caring responsibility in a formal sense or in more of a moral sense—are equally protected and assisted by this legislation.

We will need some clarity, and the Government are consulting on this and listening carefully. It is a drafting issue and we will have to ensure that the Bill is phrased to provide breadth and width, but also clarity. We must make it clear in passing the legislation that we are seeking to help those who are bereaved having cared for a child and that we do not want to be prescriptive about particular classes of carer.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Does my hon. Friend agree that the firm message that we want to send to the Minister is that the definition of “parent” is about parenting, not biology and blood lines?

Robert Courts Portrait Robert Courts
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As so often, my hon. Friend makes the point that I was seeking to make, but more succinctly and eloquently. He is right: it is parenting, not being a biological parent, that I am seeking to stress, and I am sure we all agree on that.

Amendments 3, 5, 22 and 23 deal with when leave can be taken and for how long. I am humbled to speak in this debate, as I have heard so many moving stories from those who understand only too well the nature of grief. I hesitate to express my thoughts, but I do so with the intention of being as helpful as possible. Grief is not a predictable phenomenon. People cannot know how long they will grieve for or what form their grief will take. Perhaps most strikingly, they have no way of knowing when it will strike. It may be immediate. However, as we have heard, people often find different coping methods. They may decide to carry on. Going back to work and immersing themselves in the hubbub of everyday life makes them feel better for some time, but sooner or later grief hits and they may then need leave from their employer.

--- Later in debate ---
Robert Courts Portrait Robert Courts
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My hon. Friend powerfully makes the very point I want to make. For any human being, burying a child is profoundly distressing, as it goes against our very nature as humans. We therefore should not even countenance saying that people should not be able to avail themselves of assistance just because their child is older; that would go against what we are trying to achieve.

While that is my wish, however, I listened carefully to the interventions made by my hon. Friend the Member for Colchester, and my overriding desire is that this legislation gets on to the statute book. If it just sets a minimum level, we do not have to say that that is it, the story is closed and we can never amend it again. We can come back to it: we can either amend this legislation through regulations or come back and debate it again, and campaign, as we are so used to doing, to ensure that we provide a higher standard. I would not like any changes to be made now that mean either the Government are unable to support the Bill or employers feel that it is too onerous on them, and as a result we do not have these much-needed protections. It must be our foremost concern today to put these protections in place.

The last group on which I want to comment is those that address notice periods: amendments, 9, 10, 11, 15 and 17. I think that an element of practicality is intended here, and I would certainly not wish to see anything in this Bill that requires people, at a time of profound distress, when their world has been turned upside down and they cannot think straight, to have to worry about filling in forms or jumping through hoops or having to comply with something, which, as my hon. Friend the Member for Croydon South (Chris Philp) said, might mean they inadvertently fall foul of a regulation.

We are seeking to provide legislation that is compassionate and sensitive. The requirement for any notice period to be given must be very light touch and amount to nothing more than people simply telling the employer that this tragedy has occurred and they would like to go off for a certain period. That is reasonable to enable the employer to provide some cover for the job they are undertaking at that time, but I certainly would not want to see requirements put in place—perhaps involving training—and people having to worry about whether they have complied with them. That would be running completely counter to what we are trying to achieve here.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Does my hon. Friend agree that that is the benefit of saying the notice must be reasonable or, as amendment 17 from my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) proposes, giving as much scope as possible about how this notice can be provided, so that there is not a written form that people must be aware of and fill in?

Robert Courts Portrait Robert Courts
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My hon. Friend rightly draws my attention to amendment 17, and the fact that I have not referred to it directly is perhaps a drawback of dealing with the amendments in groups in the way that I have done. The amendment says:

“Employers must accept notice given in writing, face to face, by telephone or through a third party on behalf of the bereaved parent.”

Therefore, it makes clear that a low level of notification is required. I think that is along the right lines, and I ask the Minister to consider it and respond.

Similarly, in providing evidence, people should not be required to find and supply to an employer a death certificate or a coroner’s report, because that is the very last thing they would want to deal with at such a time. I appreciate that some people might use legislation to accrue a benefit to which they were not entitled, but my mind boggles somewhat at that happening in such circumstances, and legislation already exists to deal with anyone who takes such an extreme course of action. My overriding concern is to ensure that bereaved parents and carers are looked after and helped. That must be what we are seeking to do here, rather than setting up bureaucratic hurdles for them at a time when they really do not require them.

I am grateful to the House for listening to me. Suffice it to say that I support the Bill, which, although overdue, is very welcome. I wish it a speedy passage, and I congratulate once again those who have taken the standard forward and taken the Bill through the House. I commend all those who have spoken with such total bravery today. It is not easy for them to stand up in public and explain things that are so personal, but the Bill shows the enormous impact that they can have when they do so. I salute all hon. Members who have done that today and on other occasions.

Assaults on Emergency Workers (Offences) Bill

Debate between Robert Courts and Kevin Foster
Kevin Foster Portrait Kevin Foster
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My hon. Friend is making an interesting and thought-provoking speech. He says that this is about sending out a message, but does he agree that this is actually about giving prosecutors an extra tool in their box by way of a new offence to deal with the problem? That offence could be enhanced by the measure on spitting.

Robert Courts Portrait Robert Courts
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I entirely agree with my hon. Friend, and I am grateful to him for making that point. I was simply seeking to make it clear that while an offence that carries a greater sentence might exist for some cases, we should still have this offence, because it sends a message. As he said, an offence does not already exist for some cases, so it is right that we address that.

I wish to make a few comments about spitting, on which the hon. Member for Rhondda has tabled his amendment 1, with which I entirely agree. Spitting is a revolting act that I have both prosecuted and defended innumerable times. It seems to have become more prevalent over the past few years and is now a greater part of people’s behaviour when they are faced with emergency workers. It is disgusting, and people who work in the police force or the ambulance service, for example, ought not to have to put up with it.

That is quite right, but it is more important than that, because spitting is deliberately intended to cause worry and to add a psychological wound to one that otherwise is relatively short-lived, because it is not a physical injury. It is right that we mark that because, as I have seen at first hand several times, the act causes immense worry to those in the emergency services, who are understandably extremely distressed far beyond the duration of the relatively short-lived incident. The worry about any contamination that might occur as a result of spitting lasts for weeks and sometimes months. That is what we are seeking to address, which is why I wholeheartedly support amendment 1.

Air Force (Constitution) Act 1917

Debate between Robert Courts and Kevin Foster
Thursday 23rd November 2017

(7 years ago)

Westminster Hall
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Robert Courts Portrait Robert Courts (Witney) (Con)
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I beg to move,

That this House has considered the 100th anniversary of the Air Force (Constitution) Act 1917.

It is an honour to serve under your chairmanship today, Sir Henry, and it is an honour to have secured this debate, as we are heading into a year of celebrations in 2018 to commemorate the centenary of the Royal Air Force. I would like to use this debate today to celebrate the contribution that the Air Force has made to our national life, to mark some of its sacrifices and achievements over the last 100 years and to mark how far we have come. I would also like to spend some time looking at the reasons why we have an independent Air Force, as well as the development of air power.

Today, we mark a slightly earlier anniversary than the centenary of the Royal Air Force, which is the centenary of the Air Force (Constitution) Act 1917. It received Royal Assent and became law on 29 November 1917, and its centenary is next week. That Act created an Air Force and the Air Council and was a recognition of the growing importance of air power in defence, with the Air Force itself—the world’s first independent air force—coming into being on 1 April 2018. Of course, this is of particular significance to a number of hon. Members who have Air Force bases or Air Force contingents in their constituencies. I am honoured to represent Royal Air Force Brize Norton, which is the largest base in the Royal Air Force, the sole embarkation point for British troops and the centre of the Air Force’s transport fleet.

It is only right to use this anniversary to reflect on the illustrious history of the Royal Air Force, how its role has changed and what role it will continue to play in the future. The RAF is holding many events over the next year to celebrate the anniversary and I would like to think that this debate might be a start point, or a launch pad, if you will, Sir Henry. Without the work that went on in the years preceding 1918, we would not have had the Act or the Air Force that we now have.

One of the things that is quite striking is how quickly air power became important. It was only nine years before the Royal Air Force came into being that an American named Samuel Franklin Cody made the first officially recognised aeroplane flight in Britain. He went a staggering distance of 1,390 feet in a bamboo and canvas biplane known as British Army Aeroplane No. 1. As any hon. Member who has flown in a light aircraft —certainly anyone who has flown in a Tiger Moth, which I have had the honour of doing—will realise that these were true pioneers. The technology was very unsafe in the early days; there were not really any safety requirements at all. The casualty rate was very high. The bravery of those early pioneers cannot be overstated.

That rapid period of innovation, attracting the technological white heat of its day, was undoubtedly sped along by the first world war, which gave the opportunity that warfare often sadly does for practice and experimentation in aviation and technology. Without that, it is possible that the development of military aircraft would have been set back many years.

In the late 1880s various countries had experimented with balloons, but very few were convinced of their promise in warfare. The French had used some in their revolutionary war, but even then it was only for observation. Even the great Napoleon had not foreseen the effect that aircraft would later have. In 1878, the first Army Balloon School was established in Woolwich, and the balloon factory, which went on to become the Royal Aircraft Factory, was founded four years later in Farnborough. Although there were early adopters in Britain, which is something that we should all be proud of, they were slow to recognise the full potential of air flight.

Balloons were soon overshadowed by aircraft. Heavier-than-air flight was slow off the ground in Britain—if hon. Members will pardon the unintentional pun—and requests for funding, such as from the Wright brothers, to continue experimentation were denied by the Treasury, which at the time could not see the application of the new technology. However, individuals continued to push forward, design aircraft and push the envelope of what was then technologically possible.

In 1911, the War Office changed its thinking and expanded the Balloon Section into the Air Battalion, creating Britain’s first military unit equipped with heavier-than-air craft. It was not its own branch—at the time there were only 11 men in the Army and eight in the Navy. Even with the creation of the Royal Flying Corps in 1912, many remained sceptical about the practical applications of air power.

There is a famous quote from those early years just before the outbreak of the first world war, when General Haig is alleged to have said:

“I hope none of you gentlemen is so foolish as to think that aeroplanes will be usefully employed for reconnaissance purposes in war. There is only one way for commanders to get information by reconnaissance, and that is by the cavalry.”

To be fair to Haig, at the time it was probably a fair statement. They were dealing with incredibly unreliable aircraft that could only fly in good weather and had very short endurance. Clearly, their limits at the time were significant, but that view quickly changed, because the Royal Flying Corps made a critical contribution to the early stages of the first world war.

As early as 22 August 1914, Captain Charlton and his pilot, Lieutenant Wadham, observed, crucially, the 1st German army’s approach towards the flank of the British Expeditionary Force, which allowed Commander-in-Chief Field Marshal French to realign his front and save the Army around Mons. The next day, the RFC found itself fighting in the battle of Mons; two days after that, on 25 August, it gained its first air victory, when a German Taube reconnaissance aircraft was shot down. In the great retreat from Mons, the Corps fell back to the Marne, where the RFC again proved its value by identifying von Kluck’s 1st army’s left wheel against the exposed French flank, which enabled French forces to make an effective counter-attack at the battle of the Marne.

So it is clear that, within years, the contribution of the Royal Flying Corps was hugely significant and contributed to the saving of the British Expeditionary Force in the early days of the war and to the stabilisation of the front. Of course, the war degenerated into trench warfare, but at the time it was a saving grace from an advancing and apparently nearly victorious German army. That is shown by the first official dispatch from Sir John French, the commander of the British Expeditionary Force, on 7 September, which said:

“I wish particularly to bring to your Lordships’ notice the admirable work done by the Royal Flying Corps under Sir David Henderson. Their skill, energy, and perseverance has been beyond all praise. They have furnished me with most complete and accurate information, which has been of incalculable value in the conduct of operations. Fired at constantly by friend and foe, and not hesitating to fly in every kind of weather, they have remained undaunted throughout. Further, by actually fighting in the air, they have succeeded in destroying five of the enemy’s machines.”

All of that was only years after the first powered flight.

With the advent of trench warfare, the development of air photography and the development of air-to-ground wireless technology, the reconnaissance role for aircraft was established and was invaluable. The role evolved into aerial fighting once it was realised that it was possible to stop the enemy carrying out similar reconnaissance.

At that time there were two branches of the military air force—the Royal Flying Corps, which was Army, and the Royal Naval Air Service, which was, as the name suggests, part of the Royal Navy. Broadly put, the Royal Flying Corps concentrated on supporting the Army in France, while the Royal Naval Air Service concentrated on defending fleet bases, from which evolved the requirement of home defence—taking on the Zeppelin airships and, later in the war, the German Gotha bombers.

The weakness of that disjointed approach was highlighted in 1917, and we can see how quickly events moved from the military events of 1917 through to the Act we are commemorating today and the formation of the Royal Air Force 100 years ago next year. In the summer of 1917, 72 tonnes of bombs fell within a one-mile radius of Liverpool Street station, and the aircraft of both the RFC and the RNAS were unable to take the fight to the German Gotha bombers. Around the same time, there was a great loss of life in Folkestone caused by the use of the same bombers.

Questions were asked here in the House. The Prime Minister at the time, David Lloyd George, asked the South African General Jan Smuts to study the problem and come up with a report to the Cabinet, which became the famous Smuts report.

The problem was fairly easy to understand when we look at what Jan Smuts found. Fighter defences were provided by the RFC and the RNAS. The Army provided the heavy anti-aircraft and the Royal Naval Air Service provided the small mobile ones. Local authorities provided air-raid warnings and civil defence measures. Clearly, there was inefficiency when there were two branches of the military actively competing with each other for aircraft types and engines at a time of scarce resources. There was clearly a need for a unified approach.

Extraordinarily, a Joint Air Committee had been established just before the war, but it ceased to meet when the war broke out, at a time when perhaps it ought to have been meeting more often rather than less. In 1916 a Joint War Air Committee was formed, but again made insignificant progress, which led to the Smuts report of 1917. In due course the Act made its way through the House, resulting in the 1917 Act, which we commemorate today and next week.

It was the public outcry after attacks on domestic areas of Britain in Folkestone and London that provided the political impetus for the formation of the Royal Air Force, but at the same time we saw the growth of the concept of air power, which is another thing I want to highlight today. The Army had seen the Flying Corps, as Haig’s comments suggest, as a form of airborne cavalry, there for moving quickly, for reconnaissance and for light, quick attacks. The Navy had largely concentrated on home defence to protect its bases, but little thought was given to how air power might be used in a strategic context: to attack the enemy’s ability to make war or to attack formations before they came into battle, or to attack industrial capacity and target supply lines.

The Royal Naval Air Service had made some strides during 1916 and 1917, but there was no overall strategic concept, which is precisely what was needed. An independent Air Force that was not pulled towards the Navy’s or the Army’s priorities, but was able to look at air power in a strategic, independent context was what was needed, and that is what we had—the first independent Air Force in the world, and also the most powerful, with more than 290,000 personnel and 23,000 aircraft in 1918. In a stark shift to the words of General Haig before the war, General Jan Smuts said:

“There is absolutely no limit to the scale of its future independent war use.”

From world war one to today we have had an incredible, almost unbelievable speed of technological advance. The days of dogfights over the trenches are long gone, but the years immediately after the first world war saw intense political pressure to break up the Royal Air Force and to reabsorb its constituent parts into the Navy and the Army—something that the Air Force understandably resisted. It did so in two ways by showing its relevance. The first was to be almost a colonial policeman. Whereas in the past the Army would be sent out to go and visit far-flung parts of the empire, the Air Force could do that more cheaply and more quickly. That enabled people to say that politically there was still a purpose to the Air Force. The second, which I will come to in a moment, was the concept of strategic bombing, which is still the most controversial aspect of the second world war from the allied perspective.

Of course, the RAF’s finest hour was also Britain’s. I pay tribute to what was not only an extraordinary military force, but perhaps the most strikingly multinational force in military history. There was rapid expansion of the Air Force prior to and during the second world war. British Commonwealth countries sent enormous numbers of people to be trained to fly in the RAF, either within existing squadrons or within their own. By the end of the war the Royal Canadian Air Force had contributed more than 30 squadrons to serve in RAF formations and a quarter of Bomber Command’s personnel were Canadian.

The Royal Australian Air Force represented about 9% of all RAF personnel who served in the European and Mediterranean theatres. Famously the United States, before entering the war, sent personnel who served as part of the Royal Air Force’s Eagle squadrons. They were people who volunteered to come to fight for the cause of freedom in democracy’s hour of need. It is an extraordinary record.

It is most striking when we look at the statistics for Bomber Command: approximately 55,000 were lost in the second world war, which is the same as the number of officers lost in the British Army in the first world war. Of those 55,000, 72% were British, 18% were Canadian, 7% were Australian and 3% were New Zealanders. The example of New Zealand is extraordinary when we consider the size of that then newly independent country. The sacrifice made by the people from New Zeeland serving in the Royal Air Force was absolutely extraordinary given the size of the country.

Famously in the Battle of Britain in 1940, the RAF, supplemented by two Fleet Air Arm squadrons along with Polish, Czech, French and many other pilots from countries all over the world, defended the skies over Britain in their Spitfires, Hurricanes, Blenheims and Defiants against the numerically superior German luftwaffe. In what is perhaps the most prolonged and complicated air campaign in history, the Royal Air Force contributed decisively to the delay and ultimate cancellation of Operation Sealion, which was Hitler’s plan for an invasion of these islands. This was an extraordinary feat of bravery against incredible odds, but what is often overlooked is the fact that Fighter Command offered the finest opponent that Nazi Germany had then faced. I am keen to make this point now: the lessons of 1917 had been learned, so there was a unified command structure, early warning, radar, a proper battle plan, and the Royal Air Force Fighter Command that defended Britain in 1940 was a first-rate military fighting machine, a league away from what we had in 1917. It is an extraordinary story.

The force was also strikingly egalitarian. The Auxiliary Air Force squadrons were supplemented by the Volunteer Reserve, in which I am proud to say my grandfather served, with sergeant pilots and officers promoted from the ranks, the Air Force being then, as it is now, an extraordinary engine for social mobility and a vehicle for those whose ambition was limited only by their skill and determination.

In the House of Commons on 20 August, prompted by the ongoing efforts of the Royal Air Force, Prime Minister Winston Churchill not only sealed his own rhetorical reputation, but coined the epithet that will perhaps be the Royal Air Force’s for as long as men fly:

“Never in the field of human conflict was so much owed by so many to so few.”—[Official Report, 20 August 1940; Vol. 364, c. 1167.]

I must mention the bombers at this stage, because it is a common misconception that Churchill was referring only to the fighters. He was, of course, referring to those who had taken the fight to the enemy. I mentioned my grandfather, who was in the Volunteer Reserve. He was called up at the beginning of the war and while the fight was going on above the skies of where we stand now, he was navigating his Wellington to bomb invasion barges along the ports of northern Europe and later took part in the first raid on Berlin, which caused Hitler, in a rage, to direct Goering to take attacks away from Fighter Command’s airfields and on to London. Although that was a tragedy for the civilian population, it meant that Fighter Command had a chance to get back to full strength. That is a good example of how someone from any walk of life could play a great role in history.

Throughout the rest of the war, the Air Force carried out every role imaginable: coastal defence, convoy protection, resupply, and the mostly hotly contested issue of the war years—the strategic bombing campaign. Perhaps today is not the time to debate that, but from a military perspective it is undeniable that for many years only the RAF had the ability to take the war to the enemy at a time when Britain was at bay. From a political perspective, the need for a strategic bombing force grew out of the way that the Air Force was created, through the parliamentary debates leading up to 1917, to prove that there was a need for an independent, strategic Air Force, rather than a tactical air support force.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
- Hansard - - - Excerpts

The hon. Gentleman is making an excellent speech. Will he also reflect on the fact that the Air Force developed one of the first precision bombing missions in the form of the Dambusters raid? Of course, the last surviving British Dambuster, Johnny Johnson, was once a Torbay councillor.

Robert Courts Portrait Robert Courts
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I am grateful for that excellent intervention; I was not aware that Johnny Johnson was a Torbay councillor. He was the pioneer of what would, once the technology was there to do it, become the way that the RAF operated—through the precise targeting of strategic objectives. Of course now that is entirely the way the RAF operates, but what is striking about his time is that whereas now we have technology, the technology used by the Dambusters was extremely basic—it was essentially basic geometry and physics.

Post-war, the RAF was called on to go to the aid of people against whom it had fought only shortly before—the besieged people of Berlin, in the Berlin airlift. It is moving, in reading about the Berlin airlift, to realise what gratitude there was to the RAF only a few years after that most terrible of conflicts. In the ’50s and ’60s, the RAF was the carrier of the UK’s independent nuclear deterrent, with the V-Force, and the famous fighter types, such as the first Lightning, showcased the very best of British engineering, much as the Red Arrows and the Tornado, Typhoon and F-35 Lighting II do today.

The RAF today is the world’s first and most famous independent air force. It has a brand that is recognised throughout the world as signifying quality, courage, adaptability, bravery and innovation. Next year gives us a wonderful opportunity to commemorate 100 years of extraordinary skill, sacrifices and achievement, to celebrate the professionalism and dedication of today’s RAF and to inspire future generations by telling its unique story. The RAF 100 campaign kicks off next week on 29 November, commemorating the Royal Assent to the Act with a reception in Speaker’s House. The national “Never Such Innocence” arts competition has been launched, along with the RAF Youth/STEAM programme for science, technology, engineering, arts and design, and mathematics this autumn.

We can look forward to a full programme of events next year, all over the country. I encourage all hon. Members to look for their nearest one. There will be a tour of historic aircraft and a centenary service in Westminster Abbey, followed by a parade in the Mall and mass flypast, which I am promised will be a spectacle unparalleled in modern times, with a global audience of millions. That will do what the Air Force has always done—it will reinforce the UK’s position at the forefront of defence aviation excellence and inspire the next generation.

The event will show us just how far we have come. Where once we had canvas and wood, we now have high-tech composites. Where once the skill required for flying was horsemanship, now a degree in engineering is perhaps more helpful. Where once we had an all-male service, now the RAF is the first service to allow women to serve in all branches. It is a service where everyone, from all walks of life, is welcome and is helped to fulfil their potential. We have an Air Force where training is conducted jointly with the Army and Navy, where appropriate, and where the F-35 Lightning will be operated jointly by the Army and Navy alike. Above all, where once an air arm was a novelty, now no commander would countenance a contested battle space without the control of the air. In the past 100 years the RAF, and the understanding of the practice of air power, have come of age; and that all began 100 years ago, here in Parliament.

--- Later in debate ---
Robert Courts Portrait Robert Courts
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I will certainly do that, Sir Henry. I am very grateful indeed to every hon. Member who has come along and made a contribution today. I wanted to have a wide-ranging debate that looked at every aspect of the Air Force, from its foundation 100 years ago, through history, to today and indeed to the future. I think we have done so, and I am grateful to everybody who has made such wide-ranging contributions, any one of which we could have turned into an entire debate. If hon. Members will pardon me, I will spend one or two moments picking out some things that I found particularly moving.

My hon. Friend the Member for Torbay (Kevin Foster) mentioned the whole RAF family; we must not forget the dedication and duty not only of those who serve but of their families as well. That is particularly important today as we look at the whole force concept, which is not necessarily only about people in uniform who are serving but is much wider. He also mentioned the recent visit of a Voyager to Argentina for the first time since the Falklands war, which, of course, flew from Brize Norton in my constituency.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Of course; where else?

Robert Courts Portrait Robert Courts
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Where else? It very much marked one of the most moving things: old adversaries becoming friends. As the Minister said, the Air Force has a real soft-power role in making that very clear. He also talked about manned and unmanned aircraft, which is very much the debate of the future.

My admiration for my hon. Friend the Member for Moray (Douglas Ross) is unbounded after he managed to raise whisky and aviation in the same debate. They are not normally a pair that team up with happy results—or at least not when paired at the same time. I shall have to visit Morayvia, which sounds a wonderful place. The constituency of my hon. Friend the Member for Newark (Robert Jenrick)—that border town between those Air Force counties—is almost at the heart of the Air Force. He quite rightly mentioned air cadets, who are very much the future, and the role of the Polish community. I am very happy to hear how strongly commemorated that still is.

I thank the hon. Member for Dunfermline and West Fife (Douglas Chapman) for bringing us up to date with some of the current controversies, which, of course, there will always be in such important matters. I was moved by the references of the hon. Member for Leeds North East (Fabian Hamilton) to films and Airfix. Although those were light-hearted comments, he made very clear how the Air Force has become part of the nation’s psyche and emotional make-up and I am grateful to him for making that clear in the way he did. He also referenced technology and the Mosquito—the old, wooden aircraft—which was at the forefront of technology and was, for a time, the fastest aircraft in the world. That was the technology then; we have different technology now.

I am grateful to the Minister for dealing with a large number of very important things, including the importance of STEM, humanitarian input—not only in Argentina but with the recent hurricane relief, which, again, came from Brize Norton in my constituency—and the professionalism and dedication shown in the battle of Britain, with the incredible disparity in numbers, which was displayed then and always has been since. It was also shown in the Vulcan raids on the Falklands—the Operation Black Buck raids, which were the longest-ranged bombing raids in history. That incredible professionalism is on display today as it was in the 1980s and the 1940s.

I am also grateful to the Minister for rightly reminding us of the multi-layered aspects of defence, with regards to Nimrod and P-8A procurement, and for his comments about ownership of the skies, confirming the view that there will always be a need for a manned presence, in some aspects at least, although we accept and welcome the presence of unmanned aerial vehicles as well. He took us from the past all the way through to the present and on to the future, and I am grateful to him for doing so.

We all display our communities’ enormous pride in our armed forces personnel. We have all spoken of those today, and very movingly, too—everything from Brize Norton to Newark to Lossiemouth and all over the entirety of the UK. We are all on the same ground here: we have the finest Air Force in the world and we speak very much of our assets. In military terminology, assets tend to be platforms or aircraft, but they are of course not really the main asset. The main asset is the men and women of our Air Force. They have always made the Royal Air Force what it is and what it always will be in the future. We salute all the serving men and women of our Air Force—past, present and future.

Question put and agreed to.

Resolved,

That this House has considered the 100th anniversary of the Air Force (Constitution) Act 1917.

Air Travel Organisers’ Licensing Bill

Debate between Robert Courts and Kevin Foster
2nd reading: House of Commons
Monday 3rd July 2017

(7 years, 5 months ago)

Commons Chamber
Read Full debate Air Travel Organisers' Licensing Act 2017 View all Air Travel Organisers' Licensing Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts
Robert Courts Portrait Robert Courts (Witney) (Con)
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It is an honour to be called to speak in the debate on the first piece of substantive legislation in this Parliament, and to be the first Back Bencher to do so. The Bill brings back some traces of memory lane for me; I declare an interest in that I practised in consumer protection at the independent Bar before my election to Parliament. Indeed, I was involved in lecturing and cases in this very area. Somewhat optimistically, I called it “holiday law”, which makes it sound—I can hear one of my colleagues saying this—like rather good fun. Having spent years prosecuting trading standards legislation and defending criminal law, as well as working in the personal injury sphere, I must have been on my way back from holiday while looking for a new area to branch into, and then an opportunity came up. I obviously decided that if I could not actually be on holiday, I might as well at least talk about being on holiday. I therefore produced a lecture, which I covered with lots of rather attractive pictures of happy people on holiday, sun-dappled beaches and palm trees, but that of course rather missed the point, because when one goes to see a lawyer, one is telling them not how good a holiday was, but that something has gone wrong. That is the all-important point that I was addressing in my career and that the Government are seeking to address through this Bill.

Things occasionally go terribly wrong when people are on holiday and, from my experience at the Bar, that can be anything from simply poor quality through to a catastrophic failure of holiday, injury or, in some cases, even death. That is what we are seeking to address through the Bill.

I started my lecture to the Bar with the same story that the Minister told of the temperance campaigners—it is one of those throwaway anecdotes we tell at the beginning of what can sometimes be detailed lectures—and I thought for one moment that I was about to hear him repeat my lecture back to me. I am glad that he went on to more substantive matters.

In my constituency I have not only a great many places that people come to visit—I will refer to some of them in a moment—but, of course, many people who, as we all do, look for places to tour abroad. It is for the constituents of Witney and west Oxfordshire that I most strongly desire to see the Bill enacted.

I express my support for the Bill at the outset, because ATOL protection is a critical part of the protection that we all rely on when we book a tour. It is only right—and necessary—that we seek to extend that protection to a broader range of holidays. When ATOL protection started in 1973, the world was very different from the one that we inhabit now. It was a world with few airlines—a world of British Caledonian and nationalised airlines such as British European Airways and British Overseas Airways Corporation. One might even say that it was an era before the benefits of a free market were fully explained and realised in this country—we should perhaps remember that at all times in this debate. It was a day before the internet. It was a day when going abroad was full of uncertainty, and sometimes even danger. It was into that world that the package tours regulations came into being, and rightly so.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Does my hon. Friend agree that at that time it would have been unimaginable that someone could use a mobile phone to book a holiday with an operator in Germany, France or another country in Europe? At that time, walking into a travel agent on the high street was the only real way of booking this type of project.

--- Later in debate ---
Robert Courts Portrait Robert Courts
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I am grateful to the Minister for making that clear. The prospect of amendment has been ongoing for some time, so I am delighted that we are addressing it in the House today.

Although the image we all have of walking down the high street, flicking through a brochure and speaking to somebody behind a till still happens in many cases—many people avail themselves of the services that exist, including at the excellent travel agencies in my constituency—many people do not do that. It is now so easy to go on the internet to put together a bespoke package for ourselves. In a sense, we have become our own travel agents, but that brings challenges as well as opportunities for this new generation of travellers. In this House we embrace the opportunities that come with those challenges. Indeed, I would go so far as to say that we have seen the free market in action with the expansion of providers, destinations and activities. We have seen so many of the advantages that a free market can bring in the interest of consumers. Indeed, the online travel market has led to reduced costs for holidaymakers, as well as increased choice and flexibility.

Of course, we have to reassess protections at the same time as we reassess, and benefit from, those changes. The mix and match of lower prices and wider opportunities has to be seen alongside the protection. Many holidays now fall outside the scope of ATOL, which is very different from the situation in 1973. In 1998, approximately 90% of all leisure flights were covered by ATOL, but I understand that the figure has fallen to under 50% in recent years. I welcomed the Minister’s comment at the start of his speech. As much as I have praised the free market and its benefits in terms of opportunities, choice and reduced costs, I also understand that there is a role for Government. I agree with him that it is appropriate for the Government to step in and ensure that consumers in this field are protected.

That is why I welcome the measures in the Bill to address such changes. The Bill will ensure that the ATOL scheme keeps pace with innovation in the online travel market, while also ensuring that protections are in place, regardless of whether someone books online or on the high street. We will therefore ensure that more than 20 million holidaymakers each year continue to be protected.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Given my hon. Friend’s comments, will he say something more about clause 1, which extends ATOL to sales made by UK companies within the European economic area? Does he think that that provision is worth while?

Robert Courts Portrait Robert Courts
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I am grateful for my hon. Friend’s timely intervention, as the next page of my notes deals with clause 1. Existing ATOL legislation applies only when the first leg of a relevant flight booking departs from a UK airport. The new legislation introduces a single-market approach to insolvency, whereby EU-established companies will be required to comply solely with the insolvency protection rules of the state in which they are established, as opposed to the place of sale, which is the current position. The legislation is therefore much wider, and the company will only have to be established.

Robert Courts Portrait Robert Courts
- Hansard - -

My hon. Friend makes an excellent point. He is right that the ATOL scheme is funded by a levy of approximately £2.50 per protected passenger and that it would be extremely unwise of any holidaymaker to go abroad without adequate travel insurance. I encourage everyone always to have such insurance, although it can sometimes be pricey, especially if someone is looking to protect themselves against some of the more routine failures that are easily covered in the ATOL scheme. However, more serious misfortunes can occur when people are on holiday, which is why travel insurance is, of course, still advisable. As my hon. Friend suggests, the cost of insurance may come down in time as a result of this enhanced package.

Clause 1 will allow travel companies established in the UK that sell flight-inclusive packages to use their ATOL membership and protection to cover all EU-wide sales without needing to comply with the insolvency protection rules of any other member state. Clause 2 deals with funding and qualifying trusts within the ATOL trust management structures. The Department for Transport is alive to the fact that because we have seen significant changes to the travel industry—not only since 1973, but since 2004, as well as more recently—it might be necessary to enter into separate trust arrangements for the greater business model, such as linked travel arrangements, to give greater transparency to businesses and consumers. It might be necessary to introduce a new form of qualifying trust to ensure that the ATOL trust will still protect consumers in the all-important area of flight accommodation. The Bill allows the flexibility under trust arrangements so that we can increase funding and ensure that ATOL is adequately funded as time goes on.

Clause 3 addresses a slightly different point: the ability of the CAA—the House will realise that the authority is responsible for running the ATOL scheme—to require and request information from airlines selling ATOL-registrable products within the UK and more widely. Under the Bill, an important change would apply to airlines that have an air service operator’s licence from another EU member state and therefore would not need any of the licences that have been granted by the Civil Aviation Act 1982.

The House will be delighted that this is a short Bill, containing only four clauses. I have needed to deal with only three, so I do not need to go through the other one—I am sure everyone is delighted. [Interruption.] The Bill is short in terms of clauses, as the House will realise.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

My hon. Friend referred to clause 3. Those who have an air service operator’s licence from other European countries will not need a CAA licence. Is he satisfied that the measure will still give full consumer protection?

Robert Courts Portrait Robert Courts
- Hansard - -

I am indeed satisfied that it will give full consumer protection. I say so because the Government have consulted widely. Once again, my hon. Friend has somehow, with extraordinary prescience, managed to prompt me to move on to the next stage of my speech, which may have been his subtle intention.

The Government have consulted widely, and the industry’s response has been favourable. We have received broad support from a majority of respondents to the proposals to harmonise ATOL with the scope of the EU package travel regulations. I noticed that during proceedings on the Vehicle Technology and Aviation Bill, evidence given by the group director of consumers and markets at the CAA stated:

“There are a number of important and welcome developments from”

the Bill

“which will be good for UK consumers. First, the directive makes it much clearer what the definition of a package is.”––[Official Report, Vehicle Technology and Aviation Public Bill Committee, 14 March 2017; c. 63, Q143.]

I hope that the House will forgive my mentioning that in detail. I do so simply because of my experience of having argued the concept of what a package is in the courts of this country throughout my career at the Bar. The Bill has wide support in the industry.

I wish to make one more point, which is simply to note the educating effect of tourism. We are of course leaving the EU, but we are not turning our back on Europe or ceasing to be a European country—I will not make more detailed comments. As all Members will appreciate, travelling to a new country and appreciating a new culture is one of the most educating and enlightening things an individual can undertake. We will want people from this country to be able to expand their horizons throughout the EU, as indeed we will want people from the EU to be able to come here. West Oxfordshire has a plethora of tourist attractions, such as Blenheim palace, the great stately house; Cotswold wildlife park; and Crocodiles of the World, which is an excellent attraction that I invite all hon. Members to visit—I have been. We have many picturesque villages throughout west Oxfordshire, including Bampton, of “Downton Abbey” fame.

I have gone on at some length. The House will probably realise by now that this Bill has my full support, and I urge Members to give it its Second Reading.